15
CHARGE SHEET
FOUR LIMBS OF CHARGE‐SHEET
FORMAT FACTS
LANGUAGE LOGIC
CHARGE‐SHEET
4
MEMORANDAM OF CHARGE
Articles of Charge
Statement of the Imputations of Misconduct or Misbehaviour
Statement, Admissions or confessions made by the Charged Official
A list of documents
A list of witnesses. 5
FACTS• Filtered and evaluated facts supported by
relied upon documents and relied upon
witnesses sifted from the Preliminary
Enquiry Report and related documents.
•Simple and to the point.
•Concepts to be taken from literature
obtained in the organisation
•Sequential
•Coherence
•Pictorial view
APPLY
TO DRAFT CHARGESHEET
DELAY
G. Prakasam vs The Secretary To Government on 12 April, 2011State of Madhya Pradesh vs. Bani Singh and another in 1990 (Supp)
SCC . The irregularities alleged in the enquiry is said to have taken place between the years 1975‐77. Even in April 1977 there was doubt about
the involvement of the officer in the said irregularities and the investigations had been going on since then. If that is so, it is
unreasonable to think that they would have taken more than 12 years to initiate the disciplinary proceedings. There is no satisfactory explanation for inordinate delay in issuing the chargememo
in C.Gnanasekhara Babu Rao V. The State of Tamil Nadu
(W.P.No.824 of 2008) held that inordinate and
unexplained delay of nine years is fatal to the
departmental proceedings and on that ground, quashed
the charge memo. [P. V. MahadevanV. Managing Director,
(2005) 6 SCC 636 and Union of India and others V. Naman Singh
Shekhawat (2008) 1 SCC (L&S;) 1053]
P. Chinnadurai vs The Inspector General Of ... on 27 January, 2012
Departmental Disciplinary Proceedings are different from the criminal case. The revised charge memo contained different Articles of Charge ,was not motivated and was not identical to the earlier chargememo
was upheld. The delay, if any, in issuing the revised chargememo is due to the conduct of the petitioner in stalling the conducting of the enquiry.
The necessity to issue fresh charge memo arose since the other chargeswere not included in the earlier charge memo.
CASE LAW:Noida Entrepreneurs Assn vs Noida & Ors on 15 January, 2007
Kendriya Vidyalaya Sangathan & ... vsT. Srinivas on 5 August, 2004..\..\WORD FILES\KendriyaVidyalaya Sangathan. docx
G.M. Tank vs State Of Gujarat & Anr on 10 April, 2006
